# C_2019164EN.01000601.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/6 |
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13.5.2019

EN

Official Journal of the European Union

C 164/6

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 3 January 2019 — Asmel società consortile a.r.l. v ANAC — Autorità Nazionale Anticorruzione

(Case C-3/19)

(2019/C 164/07)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Asmel società consortile a.r.l.

Respondent: ANAC — Autorità Nazionale Anticorruzione

Questions referred

| 1. | Does a provision of national legislation, such as Article 33(3a) of Legislative Decree No 163 of 12 April 2006, which restricts the autonomy of municipalities to entrust [procurement] to a central purchasing body to only two organisational models (the union of municipalities, if it already exists, or a consortium to be established between municipalities), infringe EU law? |
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1.

Does a provision of national legislation, such as Article 33(3a) of Legislative Decree No 163 of 12 April 2006, which restricts the autonomy of municipalities to entrust [procurement] to a central purchasing body to only two organisational models (the union of municipalities, if it already exists, or a consortium to be established between municipalities), infringe EU law?

| 2. | In any event, does a provision of national legislation, such as Article 33(3a) of Legislative Decree No 163 of 12 April 2006 which, read in conjunction with Article 3(25) of that legislative decree, regarding the organisational model based on consortia of municipalities, excludes the possibility of creating entities governed by private law, such as a consortium under ordinary law whose members include private entities, infringe EU law, in particular the principles of free movement of services and of opening up to competition as far as possible in the field of public service contracts? |
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2.

In any event, does a provision of national legislation, such as Article 33(3a) of Legislative Decree No 163 of 12 April 2006 which, read in conjunction with Article 3(25) of that legislative decree, regarding the organisational model based on consortia of municipalities, excludes the possibility of creating entities governed by private law, such as a consortium under ordinary law whose members include private entities, infringe EU law, in particular the principles of free movement of services and of opening up to competition as far as possible in the field of public service contracts?

| 3. | Lastly, does a provision of national legislation, such as Article 33(3a) which, if interpreted in the sense of allowing consortia of municipalities that are central purchasing bodies to operate in a territory corresponding to that of the participating municipalities as a whole, and so, at most, to the provincial territory, limits the scope of operation of those central purchasing bodies, infringe EU law, in particular the principles of free movement of services and of opening up to competition as far as possible in the field of public service contracts? |
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3.

Lastly, does a provision of national legislation, such as Article 33(3a) which, if interpreted in the sense of allowing consortia of municipalities that are central purchasing bodies to operate in a territory corresponding to that of the participating municipalities as a whole, and so, at most, to the provincial territory, limits the scope of operation of those central purchasing bodies, infringe EU law, in particular the principles of free movement of services and of opening up to competition as far as possible in the field of public service contracts?

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